B&N Sought DoJ Inquiry Over Microsoft Patents 162
Meshach writes "There's an interesting story at the WSJ about how Barnes & Noble lobbied the Justice Department to open a new antitrust probe against Microsoft regarding their abuse of the patent system. B&N saw Microsoft filing a slew of frivolous patents in order to stop the development of handheld devices, potentially affecting their Nook reader. The article mentions how Microsoft has a similar racket going with various Android device manufacturers, but B&N does not have the cash reserves to support similar licensing, and is fighting back."
Reader qantr points out related news: Chinese telecoms firm Huawei has confirmed that Microsoft is demanding royalty payments over products running Android.
From another article (Score:4, Interesting)
A trial on Microsoft’s patent claims against Barnes & Noble is scheduled for February in Washington.
Source: http://www.bloomberg.com/news/2011-11-08/barnes-noble-urges-u-s-regulators-to-probe-microsoft-on-mobile-patents.html [bloomberg.com]
At least we'll finally see what patents Microsoft has been using to strong arm manufacturers of Android based phones into patent licensing. The must-sign-a-nda-or-we-wont-tell-what-you're-infringing-on tactic they've been using on everyone feels really underhanded to me, and I'm no Microsoft hater.
I figure there actually has to be something substantial in those patents to merit virtually all the big names in Android phones agreeing to license them at the amount MIcrosoft has been asking.
Re:Geeks don't have $$ (Score:4, Interesting)
I believe Canada, UK and Europe don't recognize software patents. Does this mean some software will not be legal in the US?
From Wikipedia:
United Kingdom patent law is interpreted to have the same effect as the European Patent Convention such that "programs for computers" are excluded from patentability to the extent that a patent application relates to a computer program "as such". Current case law in the UK states that an (alleged) invention will only be actually regarded as an invention if it provides a contribution that is not excluded and which is also technical. A computer program implementing a business process is therefore not an invention, but a computer program implementing an industrial process may well be.
From another source:
In June 1993, the Canadian Patent Office replaced its August 1, 1978 guidelines and published them for the "information and guidance" of practitioners. They were:
"1. Computer programs per se are not patentable.
2. Processes which are unapplied mathematical calculations, even if expressed in words rather than in mathematical symbols, are not patentable.
3. A process and/or computer program which merely produces information for mental interpretation by a human being is not patentable, nor does the process or program confer novelty upon the apparatus which uses it.
4. Claims drawn up in terms of means plus function which merely produces intellectual data are not patentable.
5. New and useful processes incorporating a programmed computer, are directed to patentable subject matter if the computer related matter has been integrated with another practical system that falls within an area which is traditionally patentable.
6. The presence of a programmed general purpose computer or a program for such computer does not lend patentability to, nor subtract patentability from, an apparatus or process."
The REAL issue here is (Score:5, Interesting)
Microsoft is taking ownership of other people's code through the abuse of software-patents. This is scary. The notion that you cannot sit down in front of your computer and write successful code without Microsoft attacking you with a team of lawyers using dubious and obvious software-patents is scary. All you code are belong to Microsoft. They didn't write it but the own it anyway. This egregious behavior is something that Microsoft actually promised in their Halloween document. This is not just against Android. Its campaign to sink open source particularly Linux in the marketplace. By making it an expnesive hassle to deploy Linux vendors will just use windows instead. Its not noble. Its sleazy. MIcrosoft's Steve Balmer has been treating to use sleazy tactics and they are doing it now.
Here is how it works :
Microsoft Approaches open source company
Microsoft: My what a nice open source company you have here
Microsoft: You know this is a dangerous neighborhood you need some protection.
Business Owner: Protection? From who?
Microsoft: Well...From us really.
Microsoft: Oh and sign this NDA you cannot talk about this to anyone. Got it?
Its egregious sleazy software-patent extortion tactics.
The real question is how does the greater open source community stop them. So far only Shuttleworth has pledged to fight them in court if they come knocking on Ubuntu's doorstep
If you think this is about Android then you are sadly mistaken. This is about LInux and open source victims include:- TomTom, Buffalo, IO-DATA, Kyocera MIta etc. None of those produce Android products. They are now beating drums that Open Office and Libre Office violates their patents. Look for them to start suing anyone that distributes Open Office or Libre Office in a successful product.
This is their strategy against open source in general If you write open source software that competes with Micorosoft expect them to make it very expensive for you in the marketplace if your product becomes successful.
Re:From another article (Score:2, Interesting)
>I figure there actually has to be something substantial in those patents to merit virtually all the big names in Android phones agreeing to license them at the amount MIcrosoft has been asking.
No. Usually Microsoft gives them back the same money they paid (for now).
It's a ploy to make it look AS IF there is something substantial in those patents.
Re:Time to buy a Nook (Score:2, Interesting)
Whenever you see that phrase, you know it'll be one of the standard, carefully slanted apologist screeds. Very clever stuff.
https://www.google.com/search?q=Say+what+you+want+about+Microsoft&ie=utf-8&oe=utf-8&lr=lang_en#pq=say+what+you+want+about+microsoft&hl=en&sugexp=ppwl&cp=1&gs_id=45&xhr=t&q=%22Say+what+you+want+about+Microsoft%22&tok=Rc2-00AgyNDmPNWliZKo0A&pf=p&sclient=psy-ab&lr=lang_en&safe=off&tbs=lr:lang_1en&source=hp&pbx=1&oq=%22Say+what+you+want+about+Microsoft%22&aq=f&aqi=&aql=&gs_sm=&gs_upl=&bav=on.2,or.r_gc.r_pw.r_cp.,cf.osb&fp=ab0947b33f38f3e6&biw=1920&bih=1034 [google.com]